edited by Graham Coop and Clarisse Ribeiro, General Counsel and Legal Counsel, respectively, of the Legal Affairs Unit of the Energy Charter Secretariat in Brussels, Belgium, is authored by the most prominent and leading experts on the Energy Charter Treaty (“ECT” or “Treaty”). The book, issuing from the

‘Conference on Investment Protection and the Energy Charter Treaty’

organized by the Energy Charter Secretariat, the Stockholm Chamber of Commerce, and the International Centre for the Settlement of International Disputes in May 2007, provides in-depth analysis of the most pressing issues arising under the ECT.

Investment Protection and the Energy Charter Treaty, contains in depth substantive analysis of the interpretation and application of provisions of the Energy Charter Treaty including access to dispute resolution mechanisms under Article 26 of the Treaty and the standards of treatment for investors under the Energy Charter Treaty, including the guarantee of most favored nation treatment, protection against unfair and inequitable treatment, unreasonable and discriminatory measures, direct and indirect expropriation, breaches of investment agreements, damages due to war and similar events, and unjustified restrictions on the transfer of funds, as well as protection against certain types of tax measures. The book examines issues such as the arbitrability of “pre-investment” disputes under the Treaty and whether public tender offers can qualify as “existing” investment rather than “pre-investment” activity and the applicability of the ECT between members of the European Community. Investment Protection and the Energy Charter Treaty looks at the role of the ECT in the context of the European Union and Russia (examining the legal dimension of the oil and gas relationship between the EU and Russia) and provides a comparison of the Energy Charter Treaty and other investment Treaties (distinguishing the ECT approach to investment protection in the context of disputes submitted to arbitration under its dispute resolution provisions).

Chapter 2 -- Selected standards of treatment available under the Energy Charter Treaty
Part I -- Fair and equitable treatment (FET): interactions with other standards
Christoph H. Schreuer
I Introduction
II FET and constant protection and security
III FET and unreasonable or discriminatory measures
IV FET and customary international law
V FET and the observance of contracts
VI FET and the observance of domestic law
VII FET and expropriation
VIII Conclusion
Part II -- The scope of Most Favored Nation treatment under the Energy Charter Treaty
Paul D. Friedland
I A sampling of treaties on the subject of MFN clauses in relation to dispute resolution
II ICSID case law
III The ECT's MFN and dispute resolution clauses
Part III -- Tax arbitration and investor protection
William W. Park
I Introduction
II The Matryoshka
III The nature of tax measures
IV The architecture of investment protection
V A tale of two cases: Occidental and Encana
VI Abusive taxes
VII Conclusion: The art of taxation
Appendix: Illustrative investment conventions

Chapter 3 -- Questions and observations: interactive session
Part I -- The Energy Charter Treaty and corporate acquisition
Thomas W. Wälde and Walid Ben Hamida
I The arbitrability of "pre-investment" (investment-admission) disputes under the ECT
II Can a public tender offer qualify as an existing "Investment" rather than a pre-investment activity?
III The applicability of the ECT to the relations between EC member states
Part II -- How does the so-called "fork-in-the-road" provision in Article 26(3)(b)(i) of the Energy Charter Treaty work? Why did the United States decline to sign the Energy Charter Treaty?
Emmanuel Gaillard

Chapter 4 -- Interplay of the Energy Charter Treaty with other treaties
Part I -- The role of the Energy Charter Treaty in the context of the European Union and Russia
Kaj Hobér
I Introduction
II The partnership and co-operation agreement
III The energy dialogue
IV The Energy Charter Treaty
V What lies ahead?
VI Concluding remarks
Part II -- The Energy Charter Treaty and U.S. Investment Treaties: An overview of key contrasts
Andrea J. Menaker and Heather Van Slooten Walsh
I Introduction:
II Scope
III Investment protection provisions
IV Dispute resolution provisions
V Conclusion

Graham Coop joined the Energy Charter Secretariat as General Counsel in 2004. Prior to this, he was Head of the Energy and Natural Resources Group at Freshfields Bruckhaus Deringer, Paris, where he was based from 1992 until 2002, followed by two years as a partner with Denton Wilde Sapte’s Energy and Infrastructure Department in London. He was a member of the legal team representing Bahrain in its territorial sovereignty and maritime delimitation dispute with Qatar in the International Court of Justice and received the Order of Bahrain as a result of his work on that dispute. In 1998 and 1999 he was seconded to lead the 5-lawyer International Transport and Supply Contracts Division of the Legal Service of Gaz de France, the French gas utility. He has written and spoken extensively on international legal questions, including legal issues for international energy companies investing in Iraq. He has advised governments and international corporations on disputed sovereignty and maritime delimitation issues throughout the Middle East. His extensive experience in oil, gas, electricity, water, renewable energy and infrastructure covers major projects, joint ventures, supply agreements, transport agreements, competition and regulatory issues, and contentious matters. He is regularly published and cited in the U.K., French and Arabic press and speaks regularly at conferences in the U.K., Continental Europe and Africa.

Clarisse Ribeiro, Legal Counsel, Energy Charter Secretariat, Brussels

Clarisse Ribeiro joined the Energy Charter Secretariat in 2002 and is Legal Counsel in the Legal Affairs unit. Among her responsibilities, Ms Ribeiro is actively involved in the Legal Advisory Task Force, mandated by the Energy Charter Conference to prepare model agreements for the construction of cross-border pipelines, and is responsible for contacts with the Legal Department of the Portuguese Ministry for Foreign Affairs, the Depository of the Energy Charter Treaty. Prior to joining the Energy Charter Secretariat, Ms Ribeiro worked as an Official for the Secretariat Division of the European Central Bank in Frankfurt am Main.

About the Contributors:Craig Bamberger, Chairman of the Legal Sub-Group for the negotiation of the Energy Charter Treaty

Craig Bamberger chaired the legal committee for, and functioned as the principal legal advisor to, negotiation of the Energy Charter Treaty during 1992-1994, while he was serving as the chief legal counsel of the Paris-based International Energy Agency (IEA), an autonomous agency within the Organisation for Economic Co-operation and Development (OECD). Mr. Bamberger, a native of Alabama, graduated Phi Beta Kappa from the University of Alabama and received a master’s degree from the Fletcher School of Law and Diplomacy and a law degree from Harvard University, where he was Note Editor of the Harvard International Law Journal. Before coming to the IEA he was an associate and then a partner of a Washington-Boston law firm and a senior attorney at the U.S. Department of Energy responsible for international and emergency preparedness matters. His portfolio at the Energy Department included negotiation of the energy provisions of the U.S. –Canada Free-Trade Agreement and, until taking up his IEA post, those of the North American Free-Trade Agreement (NAFTA). Since retiring from the IEA at the end of 2001, Mr. Bamberger has been a legal consultant on international energy and homeland security matters. He was consulted to counsel in several of the investor-state arbitrations that have been brought under the Energy Charter Treaty.

Walid Ben Hamida,Maître de Conférences, University of Evry-Val d’Essone and Science-Po, Paris

Dr. Walid Ben Hamida is a "Maître de Conférences" at the University of Evry Val d'Essonne and Sciences Po, Paris (France). He is also a Honorary Associate at the Centre for Energy, Petroleum & Mineral Law and Policy, University of Dundee, Scotland. He holds a "Maîtrise en Droit" from the University of Tunis and a Ph.D on investment arbitration from the University of Panthéon-Assas (Paris II).Dr. BEN HAMIDA authored numerous publications on investment law and regularly appeared as speaker and lecturer on international economic law issues in many countries (including Tunisia, Italy, Romania, Egypt, Bahrain, United Arab Emirates, Belarus and Brazil). He collaborates with many international organisations on issues of international trade, investment and Arab legal systems (including FAO, ESCWA,UNCTAD, IDLO). Dr. Ben Hamida also served as expert and expert-counsel to States and investors. His practice focuses on Arab law, international law, investor-state dispute settlement and arbitration.

Juliet Blanch,Partner, McDermott Will & Emery, London

Juliet Blanch is a Partner in the law firm of McDermott Will & Emery UK LLP, based in its London office. She is Head of the International Dispute Avoidance and Resolution Group, where she represents clients across a range of industry sectors (including the energy sector). The disputes in which she has acted have brought her before institutional and ad hoc tribunals in a number of jurisdictions and involved a variety of governing laws. Ms Blanch is Director of the London Court of International Arbitration, Vice Chair of the Dispute Resolution Committee of the Inter Pacific Bar Association, Treasurer of the London branch of the European Court of International Arbitration and Vice President of the oil and gas section of the Arbitration Club. Juliet is a member of the Energy Charter Treaty Legal Advisors Task Force. She is a contributor to various legal journals and has co-authored a chapter on the New York Convention and UNCITRAL Arbitration for Arbitration International. She is a member of the LCIA, an accredited CEDR mediator and a registered arbitrator with OHADA. Juliet regularly accepts appointment as an arbitrator. She has wide experience in both domestic and international arbitrations, in particular relating to the energy sector (including joint operating agreements, oil field concessions, trading agreements and crude oil sale contracts), commodities (both exploration, production and trading), international trade, joint venture and cross-border disputes; has acted for oil, metal and other commodity traders, oil majors (in both up and downstream disputes), banks and corporations in many multi-million dollar disputes; has conducted arbitrations as lead advocate before a number of institutions, including LCIA, ICC, SCC, UNCITRAL, ICSID and LMAA under a number of different laws, and has also been involved in a number of ad hoc arbitrations in a wide variety of jurisdictions.

Ulf Franke, who graduated with a law degree from the University of Stockholm in 1970, is Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), a position he has held since 1980. In addition to his position in the SCC, Ulf Franke is President of the International Federation of Commercial Arbitration Institutions (IFCAI) since 2001, and served for ten years, 1994–2004, as Secretary General of the International Council for Commercial Arbitration (ICCA). He is still active in ICCA as Honorary Secretary -General. Earlier in his career Ulf Franke served as a judge in Sweden in the Stockholm District Court and in the Svea Court of Appeal. Apart from having administered numerous domestic and international arbitrations, Ulf Franke has also served as an arbitrator in several countries.

Paul D. Friedland, Partner and Head of the International Arbitration Group, White & Case LLP, New York

Mr. Friedland is co-head of the White & Case International Arbitration Practice Group. He has served as counsel in numerous international arbitrations, principally involving the oil and gas, power, telecommunications and construction sectors. Mr. Friedland holds leadership positions in several arbitration institutes (including the American Arbitration Association, the LCIA and the Institute for Transnational Arbitration), and is repeatedly ranked by industry publications among the top arbitration practitioners. Mr. Friedland’s experience as arbitrator in international cases includes disputes arising out of the telecommunications industry, steel industry, share purchase agreements, sports contracts, and contracts for the supply of high tech goods. Mr. Friedland regularly advises clients at the contract drafting stage on options for dispute resolution mechanisms, and at the pre-arbitral stage on options for mediation or other alternative dispute resolution processes. He has represented clients in several international mediations. Mr. Friedland also has broad experience of US litigation, having secured favorable verdicts on behalf of his clients in three jury trials.

Emmanuel Gaillard, Partner and Head of the International Arbitration Group, Shearman & Sterling LLP, Paris; Professor of Law, University of Paris XII

Emmanuel Gaillard has represented major corporations, States and State-owned entities in over 250 international arbitration cases. He has acted as sole arbitrator, party-appointed arbitrator or Chairman in more than 50 international arbitrations. He is also frequently called upon to appear as expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. Mr. Gaillard has written extensively on all aspects of arbitration law, in French and in English. He teaches International Arbitration and Private International Law at the University of Paris XII. Mr. Gaillard is recognized as one of the few worldwide experts on ICSID (International Centre for Settlement of Investment Disputes) and international investment arbitration. He has published since 1985 a yearly feature in the Journal du Droit International, commenting on ICSID decisions and awards. Mr. Gaillard is a member of the LCIA (London Court of International Arbitration) Court and is a member, appointed by France, of the ICSID Panel of Arbitrators and Conciliators. He advises the French Government on investment treaty issues. He also appears as an expert on OECD investment panels, and acts as an expert for UNCITRAL (United Nations Commission on International Trade Law) on the drafting of the new UNCITRAL Arbitration Rules.

Kaj Hobér, Partner, Mannheimer Swartling Advokatbyrå, Stockholm

Kaj Hobér is a Partner with Mannheimer Swartling Advokatbyrå in Stockholm and Professor of East European Commercial Law at Uppsala University. He has been heavily involved in the legal aspects of doing business in Eastern Europe and the former Soviet Union for the last 25 years. His arbitration experience includes representing both Eastern and Western European, American and Russian parties as well as parties from developing countries in international arbitrations. He has also been involved in numerous oil and gas arbitrations, relating primarily to Northern Africa, the Middle East and the former Soviet Union. He has acted as counsel and arbitrator (including chairmanships) in more than 300 international arbitrations, including representation of the claimant in the first ECT award, as well as involvement in many other investment arbitrations. He is Chair of the IBA sub-committee on Investment Treaty Arbitration, a member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce, the International Arbitration Club (London) and a member of the ICC Institute of the Stockholm Chamber of Commerce, the International Business and Law (corresponding member).

Anne Houtman,Director in charge of General Affairs, Directorate General for Energy and Transport, European Commission, Brussels

Anne Houtman is Director for Internal Market and Sustainability in the Directorate General for Energy and Transport, European Commission. Before her present position, Anne Houtman was Director for General Affairs in the Directorate-General for Energy and Transport and prior to that, she spent two years as a Director in the Directorate-General for the Internal Market and Services. Between 1999 and 2004, she was Deputy Head of Cabinet in the Office of President Prodi, with responsibilities including the Internal market, Competition policy, Taxation and Customs, Information Society and Research and Development. She was previously Head of the State Aid Policy Unit, Directorate-General for Competition. After teaching statistics at the New York Polytechnic Institute and heading the Statistical Research Department of Nielsen Marketing, Belgium, she has held various positions in the Commission since 1985, dealing with employments statistics, State aid for research and development and economic studies in competition policy. She holds a Graduate degree in Mathematics, University of Louvain, Belgium and a PhD in Statistics, Princeton University, New Jersey.

Stephen Jagusch is a Partner in the international arbitration practice of Allen & Overy LLP, where he specialises in international commercial and investment treaty arbitration. He has acted as advisor and advocate in numerous ad hoc and institutional international arbitrations, conducted in many countries across the world, and subject to a wide variety of governing substantive and procedural laws. Mr. Jagusch is widely recognised as an expert in disputes concerning the Energy Charter Treaty, with particular experience in ICSID, UNCITRAL, ICC and LCIA arbitrations and disputes arising under bilateral or multilateral investment treaties. His practice involves acting for both States and investors.

In addition to acting as adviser and advocate, Mr. Jagusch has acted extensively as sole arbitrator, chairman and co-arbitrator in international arbitrations, including under LCIA and ICC proceedings. He has lectured extensively on international arbitration around the world and is a visiting lecturer at the University of Dundee on the subject of Investment Dispute Settlement and Arbitration with State Parties. Mr. Jagusch is regularly invited to participate in leading seminars and conferences, as well as publishing articles on key developments and issues in the market.

Andrea J. Menaker is a Partner in White & Case’s International Arbitration Practice in the firm’s Washington, D.C. office, where she specializes in investor-State and other international arbitration matters. Before joining White & Case, Ms. Menaker was Chief of the NAFTA Arbitration Division for the U.S. State Department, where she was lead counsel for the United States in investor-State arbitrations arising under the investment chapter of the NAFTA. In her role, she also represented the United States in NAFTA investor-State arbitrations against Canada and Mexico, and participated in the drafting of investment and dispute resolution provisions in U.S. bilateral investment treaties and investment chapters of free trade agreements. Ms. Menaker also served as an adjunct professor at Georgetown University Law Center for several years where she taught international commercial arbitration. Ms. Menaker is a frequent speaker and publisher on international arbitration topics, and is a co-chair of ASIL’s dispute resolution interest group, an advisory board member for the International Law Institute, a consultative forum member for the British Institute of International & Comparative Law, and a member of UNCTAD’s Investment Experts Group.

André Mernier,Secretary General, Energy Charter Secretariat, Brussels

Ambassador André Mernier became Secretary General of the Energy Charter Secretariat in January 2006. Mr Mernier is Belgian by nationality, and completed a Masters diploma in law from the University of Louvain in 1973. Before becoming Secretary General, André Mernier was the Head of Energy Services in the Ministry of Foreign Affairs of Belgium, in which capacity he was involved in energy-related questions at national, European and international levels. He has enjoyed a distinguished career in the Belgian foreign service, including appointments as the Ambassador of Belgium in Geneva from 1996-1999 and as Ambassador in Moscow from 2000-2004, during which period he was also accredited to Belarus, Moldova, Armenia, Georgia, Uzbekistan, Tajikistan, Kyrgyzstan and Kazakhstan.

Andy Moody, Attorney, McDermott Will & Emery, London

Andy Moody is an associate in the law firm of McDermott Will & Emery UK LLP, based in its London office. He is a member of the International Dispute Avoidance and Resolution Group where his practice focuses on international arbitration. The disputes in which he has acted have brought him before institutional and ad hoc tribunals in several jurisdictions and have involved a variety of governing laws. His practice has also included cases in the English High Court and advising on non-contentious matters. Mr. Moody spent three months on secondment at ENI Gas & Power in Milan and was also seconded to the Milan and Piraeus offices of his previous firm. He is a member of the Law Society and of the London Court of International Arbitration (LCIA).

Ana Palacio, Senior Vice President of International Affairs and Marketing, AREVA

Ana Palacio is Senior Vice President of International Affairs and Marketing, AREVA (June 1, 2008-Present). Before that, she was Senior Vice President and General Counsel of the World Bank Group (2006- May 2008). A lawyer by profession, specializing in EU internal market law, Ana Palacio has held the most senior positions in the governing bodies of the Madrid Bar, as well as the European Bar (CCBE). She is an honorary member of the Bar of England and Wales. She is member of the Board of Trustees and former Executive President of the Academy of European Law (ERA), and Distinguished Professor of the European College in Parma. She is a member of the Commission on the Liberalization of the French Economy instituted by President Sarkozy (2007-2008). She was the first woman to serve as Spain’s Foreign Minister (2002-2004) and, at the time, held the most senior post ever filled by a woman in the Spanish government. She has served as member of the Spanish Parliament, where she chaired the Joint Committee of the two Houses for European Union Affairs (2004-2006). As member of the European Parliament (1994-2002), she has chaired the Legal Affairs and Internal Market Committee and the Justice and Home Affairs Committee, and was elected by her peers to chair in two half legislatures the Conference of Committee Chairmen, the Parliament’s most senior body for the coordination of its legislative work.

William W. Park,Professor Boston University School of Law

William W. (Rusty) Park is Professor of Law at Boston University, where he lectures on tax, banking and international business transactions. After studies at Yale and Columbia, Park practiced in Paris until returning home to teach and to direct his university’s Center for Banking and Financial Law. He has held visiting academic appointments at Cambridge University and The Fletcher School, as well as in Dijon, Hong Kong, Auckland and Geneva. Park is General Editor of Arbitration International and a Vice President of the London Court of International Arbitration, as well as a member of the Board of the American Arbitration Association and the NAFTA Financial Services Roster. He served on the Appeals Tribunal for the International Commission on Holocaust Era Insurance Claims and the Claims Resolution Tribunal for Dormant Accounts in Switzerland. A member of the International Council for Commercial Arbitration (ICCA), Park is also past Chair of the ABA Committee on International Commercial Dispute Resolution. In 2008 President Bush appointed Park to a six year term on the Panel of Arbitrators for the World Bank’s International Centre for Settlement of Investment Dispute.

W. Michael Reisman, Professor, Yale Law School

W. Michael Reisman is Myres S. McDougal Professor of International Law at the Yale Law School where he has been on the Faculty since 1965. He has been a visiting professor in Tokyo, Hong Kong, Berlin, Basel, Paris and Geneva. He is a Fellow of the World Academy of Art and Science and a former member of its Executive Council, the President of the Arbitration Tribunal of the Bank for International Settlements, a member of the Advisory Committee on International Law of the Department of State, Vice-Chairman of the Policy Sciences Center, Inc., a member of the Board of The Foreign Policy Association, and has been elected to the Institut de Droit International. He has published widely in the area of international law and he served as arbitrator and counsel in many international cases. He was President of the Inter-American Commission on Human Rights of the Organization of American States, Vice-President and Honorary Vice-President of the American Society of International Law, Editor-in-Chief of the American Journal of International Law, and a member of the Eritrea-Ethiopia Boundary Commission.

Christoph H. Schreuer, Professor of Law University of Vienna, School of Law, Department of International Law and International Relations, Vienna

Christoph Schreuer is a graduate of the Universities of Vienna, Cambridge and Yale. Professor Schreuer has spent most of his academic career at the Department of International Law of the University of Salzburg, Austria. From 1992 to 2000, he was the Edward B. Burling Professor of International Law and Organization at the Paul H. Nitze School of Advanced International Studies (SAIS) of the Johns Hopkins University in Washington, D.C. Since October 2000, he is Professor of International Law at the University of Vienna, Austria. Professor Schreuer is a member of the ICSID Panel of Conciliators and Arbitrators. He is an arbitrator in ICSID and UNCITRAL arbitrations. He was the chairman of the ILA Committee on the Law of Foreign Investment from 2003 to 2008. He has written expert opinions in a number of ICSID cases. He has given many guest lectures in a variety of countries.

Anthony Sinclair is a senior associate in the International Arbitration Group of Allen & Overy LLP. He specialises in international commercial arbitration, investment treaty arbitration, and public international law. He has been counsel in numerous bilateral investment treaty and Energy Charter Treaty arbitrations under ICSID and UNCITRAL arbitration rules, ICSID annulment proceedings, and international commercial arbitration proceedings under ICC and UNCITRAL arbitration rules, concerning a wide range of jurisdictions and applicable laws. In investment arbitrations he has acted both for private investors and for States. He has also advised States in Europe, Central Asia and the Middle East on the negotiation and drafting of trade and investment treaties.

Heather Van Slooten Walsh is an attorney-adviser in the Office of the Legal Adviser, International Claims and Investment Disputes, at the U.S. Department of State, where she represents the United States in investor-State arbitrations arising under the investment chapter of the NAFTA, and serves as the advisor on investment disputes in South America and the Caribbean. Ms. Walsh has also regularly spoken and published on international arbitration issues. Before joining the State Department, Ms. Walsh was an associate in the International Arbitration and Litigation departments at White & Case LLP, in the firm’s Washington, D.C. office.

Thomas Wälde was Professor of International Economic, Natural Resources and Energy Law and former (until 2002) Executive Director at the Centre for Energy, Petroleum and Mineral Law & Policy (CEPMLP), University of Dundee (Scotland, UK). In 1995, he was awarded the first "Jean-Monnet Chair on European Economic and Energy Law". He is Rechtsanwalt (Frankfurt) and barrister (Essex Court Chambers, London) and frequently acts as expert, arbitrator, mediator and expert counsel in international investment and oil, gas, energy and resources disputes. Earlier, Professor Wälde served as the Principal United Nations Interregional Adviser on Natural Resources, Energy and Investment Law. He advises multinational companies, governments and international organizations in his field of expertise throughout the world.

"Investment Protection and the Energy Treaty contributes to the legal doctrinal development of international investment law by analyzing the 'sector-specific' investment protection regime of the Energy Charter Treaty. It focuses on the interpretation and application of the investment and dispute settlement provisions of this Treaty in recent awards and offers an analysis of these provisions in the light of the general arbitral 'case law'. Coop and Ribeiro's book impresses by the quality of the contributors. The chapters are written by leading academicians and practitioners in investment law."-Journal of Energy & Natural Resources Law

Author/Editor Detail:

Graham Coop,General Counsel, Energy Charter Secretariat, Brussels

Graham Coop joined the Energy Charter Secretariat as General Counsel in 2004. Prior to this, he was Head of the Energy and Natural Resources Group at Freshfields Bruckhaus Deringer, Paris, where he was based from 1992 until 2002, followed by two years as a partner with Denton Wilde Sapte’s Energy and Infrastructure Department in London. He was a member of the legal team representing Bahrain in its territorial sovereignty and maritime delimitation dispute with Qatar in the International Court of Justice and received the Order of Bahrain as a result of his work on that dispute. In 1998 and 1999 he was seconded to lead the 5-lawyer International Transport and Supply Contracts Division of the Legal Service of Gaz de France, the French gas utility. He has written and spoken extensively on international legal questions, including legal issues for international energy companies investing in Iraq. He has advised governments and international corporations on disputed sovereignty and maritime delimitation issues throughout the Middle East. His extensive experience in oil, gas, electricity, water, renewable energy and infrastructure covers major projects, joint ventures, supply agreements, transport agreements, competition and regulatory issues, and contentious matters. He is regularly published and cited in the U.K., French and Arabic press and speaks regularly at conferences in the U.K., Continental Europe and Africa.

Clarisse Ribeiro, Legal Counsel, Energy Charter Secretariat, Brussels

Clarisse Ribeiro joined the Energy Charter Secretariat in 2002 and is Legal Counsel in the Legal Affairs unit. Among her responsibilities, Ms Ribeiro is actively involved in the Legal Advisory Task Force, mandated by the Energy Charter Conference to prepare model agreements for the construction of cross-border pipelines, and is responsible for contacts with the Legal Department of the Portuguese Ministry for Foreign Affairs, the Depository of the Energy Charter Treaty. Prior to joining the Energy Charter Secretariat, Ms Ribeiro worked as an Official for the Secretariat Division of the European Central Bank in Frankfurt am Main.

About the Contributors:Craig Bamberger, Chairman of the Legal Sub-Group for the negotiation of the Energy Charter Treaty

Craig Bamberger chaired the legal committee for, and functioned as the principal legal advisor to, negotiation of the Energy Charter Treaty during 1992-1994, while he was serving as the chief legal counsel of the Paris-based International Energy Agency (IEA), an autonomous agency within the Organisation for Economic Co-operation and Development (OECD). Mr. Bamberger, a native of Alabama, graduated Phi Beta Kappa from the University of Alabama and received a master’s degree from the Fletcher School of Law and Diplomacy and a law degree from Harvard University, where he was Note Editor of the Harvard International Law Journal. Before coming to the IEA he was an associate and then a partner of a Washington-Boston law firm and a senior attorney at the U.S. Department of Energy responsible for international and emergency preparedness matters. His portfolio at the Energy Department included negotiation of the energy provisions of the U.S. –Canada Free-Trade Agreement and, until taking up his IEA post, those of the North American Free-Trade Agreement (NAFTA). Since retiring from the IEA at the end of 2001, Mr. Bamberger has been a legal consultant on international energy and homeland security matters. He was consulted to counsel in several of the investor-state arbitrations that have been brought under the Energy Charter Treaty.

Walid Ben Hamida,Maître de Conférences, University of Evry-Val d’Essone and Science-Po, Paris

Dr. Walid Ben Hamida is a "Maître de Conférences" at the University of Evry Val d'Essonne and Sciences Po, Paris (France). He is also a Honorary Associate at the Centre for Energy, Petroleum & Mineral Law and Policy, University of Dundee, Scotland. He holds a "Maîtrise en Droit" from the University of Tunis and a Ph.D on investment arbitration from the University of Panthéon-Assas (Paris II).Dr. BEN HAMIDA authored numerous publications on investment law and regularly appeared as speaker and lecturer on international economic law issues in many countries (including Tunisia, Italy, Romania, Egypt, Bahrain, United Arab Emirates, Belarus and Brazil). He collaborates with many international organisations on issues of international trade, investment and Arab legal systems (including FAO, ESCWA,UNCTAD, IDLO). Dr. Ben Hamida also served as expert and expert-counsel to States and investors. His practice focuses on Arab law, international law, investor-state dispute settlement and arbitration.

Juliet Blanch,Partner, McDermott Will & Emery, London

Juliet Blanch is a Partner in the law firm of McDermott Will & Emery UK LLP, based in its London office. She is Head of the International Dispute Avoidance and Resolution Group, where she represents clients across a range of industry sectors (including the energy sector). The disputes in which she has acted have brought her before institutional and ad hoc tribunals in a number of jurisdictions and involved a variety of governing laws. Ms Blanch is Director of the London Court of International Arbitration, Vice Chair of the Dispute Resolution Committee of the Inter Pacific Bar Association, Treasurer of the London branch of the European Court of International Arbitration and Vice President of the oil and gas section of the Arbitration Club. Juliet is a member of the Energy Charter Treaty Legal Advisors Task Force. She is a contributor to various legal journals and has co-authored a chapter on the New York Convention and UNCITRAL Arbitration for Arbitration International. She is a member of the LCIA, an accredited CEDR mediator and a registered arbitrator with OHADA. Juliet regularly accepts appointment as an arbitrator. She has wide experience in both domestic and international arbitrations, in particular relating to the energy sector (including joint operating agreements, oil field concessions, trading agreements and crude oil sale contracts), commodities (both exploration, production and trading), international trade, joint venture and cross-border disputes; has acted for oil, metal and other commodity traders, oil majors (in both up and downstream disputes), banks and corporations in many multi-million dollar disputes; has conducted arbitrations as lead advocate before a number of institutions, including LCIA, ICC, SCC, UNCITRAL, ICSID and LMAA under a number of different laws, and has also been involved in a number of ad hoc arbitrations in a wide variety of jurisdictions.

Ulf Franke, who graduated with a law degree from the University of Stockholm in 1970, is Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), a position he has held since 1980. In addition to his position in the SCC, Ulf Franke is President of the International Federation of Commercial Arbitration Institutions (IFCAI) since 2001, and served for ten years, 1994–2004, as Secretary General of the International Council for Commercial Arbitration (ICCA). He is still active in ICCA as Honorary Secretary -General. Earlier in his career Ulf Franke served as a judge in Sweden in the Stockholm District Court and in the Svea Court of Appeal. Apart from having administered numerous domestic and international arbitrations, Ulf Franke has also served as an arbitrator in several countries.

Paul D. Friedland, Partner and Head of the International Arbitration Group, White & Case LLP, New York

Mr. Friedland is co-head of the White & Case International Arbitration Practice Group. He has served as counsel in numerous international arbitrations, principally involving the oil and gas, power, telecommunications and construction sectors. Mr. Friedland holds leadership positions in several arbitration institutes (including the American Arbitration Association, the LCIA and the Institute for Transnational Arbitration), and is repeatedly ranked by industry publications among the top arbitration practitioners. Mr. Friedland’s experience as arbitrator in international cases includes disputes arising out of the telecommunications industry, steel industry, share purchase agreements, sports contracts, and contracts for the supply of high tech goods. Mr. Friedland regularly advises clients at the contract drafting stage on options for dispute resolution mechanisms, and at the pre-arbitral stage on options for mediation or other alternative dispute resolution processes. He has represented clients in several international mediations. Mr. Friedland also has broad experience of US litigation, having secured favorable verdicts on behalf of his clients in three jury trials.

Emmanuel Gaillard, Partner and Head of the International Arbitration Group, Shearman & Sterling LLP, Paris; Professor of Law, University of Paris XII

Emmanuel Gaillard has represented major corporations, States and State-owned entities in over 250 international arbitration cases. He has acted as sole arbitrator, party-appointed arbitrator or Chairman in more than 50 international arbitrations. He is also frequently called upon to appear as expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. Mr. Gaillard has written extensively on all aspects of arbitration law, in French and in English. He teaches International Arbitration and Private International Law at the University of Paris XII. Mr. Gaillard is recognized as one of the few worldwide experts on ICSID (International Centre for Settlement of Investment Disputes) and international investment arbitration. He has published since 1985 a yearly feature in the Journal du Droit International, commenting on ICSID decisions and awards. Mr. Gaillard is a member of the LCIA (London Court of International Arbitration) Court and is a member, appointed by France, of the ICSID Panel of Arbitrators and Conciliators. He advises the French Government on investment treaty issues. He also appears as an expert on OECD investment panels, and acts as an expert for UNCITRAL (United Nations Commission on International Trade Law) on the drafting of the new UNCITRAL Arbitration Rules.

Kaj Hobér, Partner, Mannheimer Swartling Advokatbyrå, Stockholm

Kaj Hobér is a Partner with Mannheimer Swartling Advokatbyrå in Stockholm and Professor of East European Commercial Law at Uppsala University. He has been heavily involved in the legal aspects of doing business in Eastern Europe and the former Soviet Union for the last 25 years. His arbitration experience includes representing both Eastern and Western European, American and Russian parties as well as parties from developing countries in international arbitrations. He has also been involved in numerous oil and gas arbitrations, relating primarily to Northern Africa, the Middle East and the former Soviet Union. He has acted as counsel and arbitrator (including chairmanships) in more than 300 international arbitrations, including representation of the claimant in the first ECT award, as well as involvement in many other investment arbitrations. He is Chair of the IBA sub-committee on Investment Treaty Arbitration, a member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce, the International Arbitration Club (London) and a member of the ICC Institute of the Stockholm Chamber of Commerce, the International Business and Law (corresponding member).

Anne Houtman,Director in charge of General Affairs, Directorate General for Energy and Transport, European Commission, Brussels

Anne Houtman is Director for Internal Market and Sustainability in the Directorate General for Energy and Transport, European Commission. Before her present position, Anne Houtman was Director for General Affairs in the Directorate-General for Energy and Transport and prior to that, she spent two years as a Director in the Directorate-General for the Internal Market and Services. Between 1999 and 2004, she was Deputy Head of Cabinet in the Office of President Prodi, with responsibilities including the Internal market, Competition policy, Taxation and Customs, Information Society and Research and Development. She was previously Head of the State Aid Policy Unit, Directorate-General for Competition. After teaching statistics at the New York Polytechnic Institute and heading the Statistical Research Department of Nielsen Marketing, Belgium, she has held various positions in the Commission since 1985, dealing with employments statistics, State aid for research and development and economic studies in competition policy. She holds a Graduate degree in Mathematics, University of Louvain, Belgium and a PhD in Statistics, Princeton University, New Jersey.

Stephen Jagusch is a Partner in the international arbitration practice of Allen & Overy LLP, where he specialises in international commercial and investment treaty arbitration. He has acted as advisor and advocate in numerous ad hoc and institutional international arbitrations, conducted in many countries across the world, and subject to a wide variety of governing substantive and procedural laws. Mr. Jagusch is widely recognised as an expert in disputes concerning the Energy Charter Treaty, with particular experience in ICSID, UNCITRAL, ICC and LCIA arbitrations and disputes arising under bilateral or multilateral investment treaties. His practice involves acting for both States and investors.

In addition to acting as adviser and advocate, Mr. Jagusch has acted extensively as sole arbitrator, chairman and co-arbitrator in international arbitrations, including under LCIA and ICC proceedings. He has lectured extensively on international arbitration around the world and is a visiting lecturer at the University of Dundee on the subject of Investment Dispute Settlement and Arbitration with State Parties. Mr. Jagusch is regularly invited to participate in leading seminars and conferences, as well as publishing articles on key developments and issues in the market.

Andrea J. Menaker is a Partner in White & Case’s International Arbitration Practice in the firm’s Washington, D.C. office, where she specializes in investor-State and other international arbitration matters. Before joining White & Case, Ms. Menaker was Chief of the NAFTA Arbitration Division for the U.S. State Department, where she was lead counsel for the United States in investor-State arbitrations arising under the investment chapter of the NAFTA. In her role, she also represented the United States in NAFTA investor-State arbitrations against Canada and Mexico, and participated in the drafting of investment and dispute resolution provisions in U.S. bilateral investment treaties and investment chapters of free trade agreements. Ms. Menaker also served as an adjunct professor at Georgetown University Law Center for several years where she taught international commercial arbitration. Ms. Menaker is a frequent speaker and publisher on international arbitration topics, and is a co-chair of ASIL’s dispute resolution interest group, an advisory board member for the International Law Institute, a consultative forum member for the British Institute of International & Comparative Law, and a member of UNCTAD’s Investment Experts Group.

André Mernier,Secretary General, Energy Charter Secretariat, Brussels

Ambassador André Mernier became Secretary General of the Energy Charter Secretariat in January 2006. Mr Mernier is Belgian by nationality, and completed a Masters diploma in law from the University of Louvain in 1973. Before becoming Secretary General, André Mernier was the Head of Energy Services in the Ministry of Foreign Affairs of Belgium, in which capacity he was involved in energy-related questions at national, European and international levels. He has enjoyed a distinguished career in the Belgian foreign service, including appointments as the Ambassador of Belgium in Geneva from 1996-1999 and as Ambassador in Moscow from 2000-2004, during which period he was also accredited to Belarus, Moldova, Armenia, Georgia, Uzbekistan, Tajikistan, Kyrgyzstan and Kazakhstan.

Andy Moody, Attorney, McDermott Will & Emery, London

Andy Moody is an associate in the law firm of McDermott Will & Emery UK LLP, based in its London office. He is a member of the International Dispute Avoidance and Resolution Group where his practice focuses on international arbitration. The disputes in which he has acted have brought him before institutional and ad hoc tribunals in several jurisdictions and have involved a variety of governing laws. His practice has also included cases in the English High Court and advising on non-contentious matters. Mr. Moody spent three months on secondment at ENI Gas & Power in Milan and was also seconded to the Milan and Piraeus offices of his previous firm. He is a member of the Law Society and of the London Court of International Arbitration (LCIA).

Ana Palacio, Senior Vice President of International Affairs and Marketing, AREVA

Ana Palacio is Senior Vice President of International Affairs and Marketing, AREVA (June 1, 2008-Present). Before that, she was Senior Vice President and General Counsel of the World Bank Group (2006- May 2008). A lawyer by profession, specializing in EU internal market law, Ana Palacio has held the most senior positions in the governing bodies of the Madrid Bar, as well as the European Bar (CCBE). She is an honorary member of the Bar of England and Wales. She is member of the Board of Trustees and former Executive President of the Academy of European Law (ERA), and Distinguished Professor of the European College in Parma. She is a member of the Commission on the Liberalization of the French Economy instituted by President Sarkozy (2007-2008). She was the first woman to serve as Spain’s Foreign Minister (2002-2004) and, at the time, held the most senior post ever filled by a woman in the Spanish government. She has served as member of the Spanish Parliament, where she chaired the Joint Committee of the two Houses for European Union Affairs (2004-2006). As member of the European Parliament (1994-2002), she has chaired the Legal Affairs and Internal Market Committee and the Justice and Home Affairs Committee, and was elected by her peers to chair in two half legislatures the Conference of Committee Chairmen, the Parliament’s most senior body for the coordination of its legislative work.

William W. Park,Professor Boston University School of Law

William W. (Rusty) Park is Professor of Law at Boston University, where he lectures on tax, banking and international business transactions. After studies at Yale and Columbia, Park practiced in Paris until returning home to teach and to direct his university’s Center for Banking and Financial Law. He has held visiting academic appointments at Cambridge University and The Fletcher School, as well as in Dijon, Hong Kong, Auckland and Geneva. Park is General Editor of Arbitration International and a Vice President of the London Court of International Arbitration, as well as a member of the Board of the American Arbitration Association and the NAFTA Financial Services Roster. He served on the Appeals Tribunal for the International Commission on Holocaust Era Insurance Claims and the Claims Resolution Tribunal for Dormant Accounts in Switzerland. A member of the International Council for Commercial Arbitration (ICCA), Park is also past Chair of the ABA Committee on International Commercial Dispute Resolution. In 2008 President Bush appointed Park to a six year term on the Panel of Arbitrators for the World Bank’s International Centre for Settlement of Investment Dispute.

W. Michael Reisman, Professor, Yale Law School

W. Michael Reisman is Myres S. McDougal Professor of International Law at the Yale Law School where he has been on the Faculty since 1965. He has been a visiting professor in Tokyo, Hong Kong, Berlin, Basel, Paris and Geneva. He is a Fellow of the World Academy of Art and Science and a former member of its Executive Council, the President of the Arbitration Tribunal of the Bank for International Settlements, a member of the Advisory Committee on International Law of the Department of State, Vice-Chairman of the Policy Sciences Center, Inc., a member of the Board of The Foreign Policy Association, and has been elected to the Institut de Droit International. He has published widely in the area of international law and he served as arbitrator and counsel in many international cases. He was President of the Inter-American Commission on Human Rights of the Organization of American States, Vice-President and Honorary Vice-President of the American Society of International Law, Editor-in-Chief of the American Journal of International Law, and a member of the Eritrea-Ethiopia Boundary Commission.

Christoph H. Schreuer, Professor of Law University of Vienna, School of Law, Department of International Law and International Relations, Vienna

Christoph Schreuer is a graduate of the Universities of Vienna, Cambridge and Yale. Professor Schreuer has spent most of his academic career at the Department of International Law of the University of Salzburg, Austria. From 1992 to 2000, he was the Edward B. Burling Professor of International Law and Organization at the Paul H. Nitze School of Advanced International Studies (SAIS) of the Johns Hopkins University in Washington, D.C. Since October 2000, he is Professor of International Law at the University of Vienna, Austria. Professor Schreuer is a member of the ICSID Panel of Conciliators and Arbitrators. He is an arbitrator in ICSID and UNCITRAL arbitrations. He was the chairman of the ILA Committee on the Law of Foreign Investment from 2003 to 2008. He has written expert opinions in a number of ICSID cases. He has given many guest lectures in a variety of countries.

Anthony Sinclair is a senior associate in the International Arbitration Group of Allen & Overy LLP. He specialises in international commercial arbitration, investment treaty arbitration, and public international law. He has been counsel in numerous bilateral investment treaty and Energy Charter Treaty arbitrations under ICSID and UNCITRAL arbitration rules, ICSID annulment proceedings, and international commercial arbitration proceedings under ICC and UNCITRAL arbitration rules, concerning a wide range of jurisdictions and applicable laws. In investment arbitrations he has acted both for private investors and for States. He has also advised States in Europe, Central Asia and the Middle East on the negotiation and drafting of trade and investment treaties.

Heather Van Slooten Walsh is an attorney-adviser in the Office of the Legal Adviser, International Claims and Investment Disputes, at the U.S. Department of State, where she represents the United States in investor-State arbitrations arising under the investment chapter of the NAFTA, and serves as the advisor on investment disputes in South America and the Caribbean. Ms. Walsh has also regularly spoken and published on international arbitration issues. Before joining the State Department, Ms. Walsh was an associate in the International Arbitration and Litigation departments at White & Case LLP, in the firm’s Washington, D.C. office.

Thomas Wälde was Professor of International Economic, Natural Resources and Energy Law and former (until 2002) Executive Director at the Centre for Energy, Petroleum and Mineral Law & Policy (CEPMLP), University of Dundee (Scotland, UK). In 1995, he was awarded the first "Jean-Monnet Chair on European Economic and Energy Law". He is Rechtsanwalt (Frankfurt) and barrister (Essex Court Chambers, London) and frequently acts as expert, arbitrator, mediator and expert counsel in international investment and oil, gas, energy and resources disputes. Earlier, Professor Wälde served as the Principal United Nations Interregional Adviser on Natural Resources, Energy and Investment Law. He advises multinational companies, governments and international organizations in his field of expertise throughout the world.

Reviews:

"Investment Protection and the Energy Treaty contributes to the legal doctrinal development of international investment law by analyzing the 'sector-specific' investment protection regime of the Energy Charter Treaty. It focuses on the interpretation and application of the investment and dispute settlement provisions of this Treaty in recent awards and offers an analysis of these provisions in the light of the general arbitral 'case law'. Coop and Ribeiro's book impresses by the quality of the contributors. The chapters are written by leading academicians and practitioners in investment law."-Journal of Energy & Natural Resources Law

Chapter 2 -- Selected standards of treatment available under the Energy Charter Treaty
Part I -- Fair and equitable treatment (FET): interactions with other standards
Christoph H. Schreuer
I Introduction
II FET and constant protection and security
III FET and unreasonable or discriminatory measures
IV FET and customary international law
V FET and the observance of contracts
VI FET and the observance of domestic law
VII FET and expropriation
VIII Conclusion
Part II -- The scope of Most Favored Nation treatment under the Energy Charter Treaty
Paul D. Friedland
I A sampling of treaties on the subject of MFN clauses in relation to dispute resolution
II ICSID case law
III The ECT's MFN and dispute resolution clauses
Part III -- Tax arbitration and investor protection
William W. Park
I Introduction
II The Matryoshka
III The nature of tax measures
IV The architecture of investment protection
V A tale of two cases: Occidental and Encana
VI Abusive taxes
VII Conclusion: The art of taxation
Appendix: Illustrative investment conventions

Chapter 3 -- Questions and observations: interactive session
Part I -- The Energy Charter Treaty and corporate acquisition
Thomas W. Wälde and Walid Ben Hamida
I The arbitrability of "pre-investment" (investment-admission) disputes under the ECT
II Can a public tender offer qualify as an existing "Investment" rather than a pre-investment activity?
III The applicability of the ECT to the relations between EC member states
Part II -- How does the so-called "fork-in-the-road" provision in Article 26(3)(b)(i) of the Energy Charter Treaty work? Why did the United States decline to sign the Energy Charter Treaty?
Emmanuel Gaillard

Chapter 4 -- Interplay of the Energy Charter Treaty with other treaties
Part I -- The role of the Energy Charter Treaty in the context of the European Union and Russia
Kaj Hobér
I Introduction
II The partnership and co-operation agreement
III The energy dialogue
IV The Energy Charter Treaty
V What lies ahead?
VI Concluding remarks
Part II -- The Energy Charter Treaty and U.S. Investment Treaties: An overview of key contrasts
Andrea J. Menaker and Heather Van Slooten Walsh
I Introduction:
II Scope
III Investment protection provisions
IV Dispute resolution provisions
V Conclusion